2017 (12) TMI 405 - HC - Customs

Valuation of imported goods - glass beads of a particular kind called Chaton - Department demanded higher import price - Held that - Since the issue is a recurring one and one which requires early and pragmatic resolution so that the neither the petitioner is unduly harmed nor the interest of the Revenue is prejudiced, in view of the facts noted above, it would be in interest of both the sides, that CESTAT before which said Tax Appeal No. 11645/2016 is pending concerning this particular issue, takes up the matter on priority consideration and disposes of expeditiously - petition disposed off.

Summary

Issues:
Dispute over valuation of imported goods, department increasing import price without basis, petitioner compelled to pay higher import price, pending tax appeal before CESTAT, recurring issue of valuation disputes, department's power to reject transaction value, provisional assessment of customs duty, need for early resolution of disputes, directions for future import consignments.

Analysis:
The judgment by the Gujarat High Court addresses a dispute regarding the valuation of imported goods, specifically glass beads known as 'Chaton' and imitation jewelry products, imported by a proprietary concern from China. The petitioner faced challenges as the department disputed the declared value of import consignments, leading to an increase in the import price without a legal basis. This resulted in the petitioner being compelled to pay higher import prices, even under protest, to clear the goods. The petitioner highlighted the lack of authority for the department to reject transaction value based on NIDB data without independent evidence to support their claims.

The court noted the recurring nature of the issue, with valuation disputes arising frequently upon the arrival of consignments, causing financial burden to the petitioner. The department argued that since the goods were already cleared, the matter should not be interfered with, as final adjudication was pending. However, considering the need for a prompt resolution to prevent harm to the petitioner and protect the revenue's interest, the court directed the CESTAT to prioritize the pending tax appeal (Tax Appeal No. 11645/2016) for expeditious disposal within six months.

In anticipation of the CESTAT's decision, the court provided directions for future import consignments of the petitioner. These directions included releasing consignments on provisional assessment with conditions such as providing a bank guarantee or depositing a portion of the disputed duty, giving a bond for the full duty amount, and allowing the department to issue show cause notices but withholding final assessment until the CESTAT resolves the tax appeal. These measures aimed to balance the interests of both parties and ensure a fair resolution to the valuation disputes, providing certainty for future import transactions.

Overall, the judgment emphasizes the importance of a timely and pragmatic resolution to recurring valuation disputes, highlighting the role of the CESTAT in addressing such issues efficiently. By setting clear directions for future import consignments and urging cooperation between the parties and the tribunal, the court sought to mitigate the financial burden on the petitioner while safeguarding the revenue's interests in import valuation matters.